Code of fair competition for the steel plate fabricating industry as approved on April 6, 1934

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Material Information

Title:
Code of fair competition for the steel plate fabricating industry as approved on April 6, 1934
Portion of title:
Steel plate fabricating industry
Physical Description:
p. 233-243 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Steel plate industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1144-1-01."
General Note:
"Approved Code No. 390."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004939863
oclc - 63655345
System ID:
AA00006812:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


STEEL PLATE FABRICATING


For sale by the Superintendent of Documents, Washington. D.C. - Price 5 cents


Approved Code No. 390


Registry No. 1144--1-01


WE Do QUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 931


INDUSTRY

AS APPROVED ON APRIL 6, 1934























SThis publication is for sale by the Superint~endent of Documents, Government
Printing Ofiee, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THIE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post O~ffice Building.
Birmingham, Ala.: 257 Feder~al Building.
Bost~on, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Comomerce Building.
Chicago, Ill.: Buite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Miich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadw~ay.
Louisville, Ky.: 408 Federal Building.
Memphis, T'enn.: 229 Federal Building.
Minneatpolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-Ac, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, V~a.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pit~tsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Fratncisco, Catlif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.













Approved Code? No. 390


CODE OF FAIR COM[PETITIONT
FOR THE

STEEL PLATE FABIRICATINPG INDUSTRY

As Approved onr April 6, 1934


ORDER

CODTE OF FAIR COM PETITION FOR THE STEEL PLATE FABVRICATINGI
INDUSTRY
~An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for appr~oval of a Code of
F'air Competition for the Steel Plate Fabricating Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW~, THEREFORE, on behalf of the President of the United
States, I[, Hughn S. Johnnson, Aldministrator for Industrial `Recovery,
pursuant to authlorit~y vested in m~e by Executive Orders of the
President, including Executive Order No. 6543-A-, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and -pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved; provided, how-
ever, that within ninety days I may direct that there be a further
hearing on such of the provisions o~f said Code as I may designate,
and that any order which I may make after such hearing shall have
the effect of a condition on the approval of said Code.
HUGH S. JoIINSON,
Admrinzistr~ator for Indusrtria~l Reco~very.
Approval recommended :
G EO. L. BERY,
Division, dEmillstrator.
TVasHINGTON,, I.C.,
April 6, 1934~5.


51570 4 82-37--84


(ap3












REPORT TO[" THlE PRESIDENT


The PRESIDENT,
The White House.
SIa: This is a report on the Code of Fair Competition for the
Steel Plate Fabricating Industry as revised after the public hearing
conducted in Washingrton on Decemiber 5, 1933, in ac~cor~dance wit.h
the provisions of thie National I~ndustrial RcoveryI Alct.
HtOUnRS AND WAGES

]Except in the case of persons in a mnalnaerial, executive, super-
visory or technical capac~ityr and their repcc-tive stulffs, comllmercial
traveling salesmen, watchmren, emplloyees engagedt in emergency
maintenance or repair work, h~ighly skilled w-orkIer~s on continuous
processes where restrictions of hours ~would unavoidabllly delay pro-
duction. amounting,, clerical or other offlie wolrklers, empl:,oyees in the
Steel Plate Fabricatings Industry are limited to an avePrage of not
more than forty (40)j hours per week in an~y four (4) weeks period
nor more than forty-eight (48) hours or mIore than six (6) days in
anmy one (1) week.
N-o rel-lassiificantion of emnploye~es for the purpose of defeating the
?purpose of the Act is permitted, and nro employee is permitted to
work more than the specified mnaximumn hours whether for one or
more employers.
No person under sixtee~n (316) years of age is perm7itted to wor~k in
Ithle induxstryr, nor any person under eighteen (18) years in any
haznr~dous or unhecalthful occupation.
Mlinimlumn wages of thirty (30) cents per hour in the Southl, forty
(40) cents per hour in the North, and thirty-five (35) cents per hour
in the States of Texas and VCirginia are provid~ed for factory\ and
contrcton mpoyes. The mmnimum wanges of olffice employees
orange frcom twelve (12) dollars to fifte~en. (15) dollars per wee~k.

ECOCNOIIC' EFFEECTS OF THE CODE

Tlhe Industry at present is opera1ting at about twe~nty--s\even per
cent (27%1) of the 1929 peak volume in tollnnage, whlclen emloee~s
numb~r~ed about 20,700. The present Ilnumber of emnployees is about
forty-sevecn per cent (47%0) of the number employed~ during that
period or about 9,700. T1Chis shows an increase! of 4,200 emp~loyees
or about forty-five per cent (45 ~~) over the number employedl during
February 1933. According to data received, a great maljority o:f the
employee,'"~ are woc-r~kingr less than forty (40j hours1' per week. The
~presen~t increase mn emlol~l-yme nt is due3 partiallyT to Inrge orderIs for
oil storage tanks and par~1tially to compliance with the ]Pre~miden~lt's
Reenipllloy~ment Agr Ieement. y further apprlec-int.le? increase-1 in
emp11~loymnent above the Pl esidcnt' Reemloymelr!nt~ Agrreemzent w-ould
have to come fromz an inc~lrea-es1 volumell in thec Indulstry.
(234)






235


FINDINGS
The Dep~uty Administrator in his final report to me on said Code
hlavinga foulnd as herein set for~t.h and on the basis of all thne proceed-
mngs mn tlus matter;
I find that:
(a) SCaid Code is well dlesiganed to promote thoe policies and pur-
poses of Title I of thle Nat~ional Industrial RecovTery Act, including
remnoval of obstructions to the free flow of interstate and for~eign
conunerce whlic~h tend to diminish t.he amount thereof and will provide
for thle general wePlfalP~re by promoting the organization of industry
for the purpose of cooperative action amiong the trade~ groups, by
inducing and mnaintainingr united action of labor and management
under adequate governmental sanctions and superiionon by eliminat-
ingr unfair competitive practices, by pr~omotingr the fullest possible
utilization of t~he present p~odluctive capacity of ~nindustries, by avoid-
ingi undlue restrictions of production (except as may be temporarilyI
requil~red) by~ increasing the consumption of industrial and $agri-
cultu~ral p~~r-lrouts through increasing purchasing power, by reduc-
ing and relievincg unemployment, by improving standards of labor,
and by otherwise rehabilitating industry.
(b) Said Indus~try nol~lrmlly employs not more than 50,000 employ-
ees; and is not classified by mne as a major industry.
(c) The Code as appr~oved complies in all respects with the p~erti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Sect~ion 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof ; and that the applicant association
is an industrial association truly representative of the aforesaid
indlst~ry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminated~ against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
Huanc S. JoENwson,
Admin2 is trator.
APRIL 6, 1934.













CODE O3F FAIR COMIPET`ITIION FOR THE STEEL PLATE
FTABPRICATING INDUSTRY

AnnOCLE I PURPOSE
To effectuate the policies of Title I: of the National Industrial
Recovery Act, the following provisions a~re established as a Code
of ]Fair Competit~ion for th~e Ste~el Plate Fabricating Industry, and
shall be t~he standard of fair competition for such Industry and shall
be binding upon every member thereof.
~Aanac I[I=-DEFarrIONs
T'he following words are used in this Code wFit.h thle meanings
respectively set forth:
1. The term.' Steel Plate Fabricating Industry or the Indus-
try as used herein includes the fabricating anl/'or selling, and/'or
erecting in. thie Unit.ed States of Amnerica, exrclusive of Alaska,
H-~awaii, the! Canal Zone and its other insular and maritimne pos-
sessio~ns, of :
(a) Field erected storage tanks for wvater, oil and other purposes.
(b) Shop built storage and pressure tanks (except refrigerant
receptacles malufact~ured byv a member of t~he Refrigerating M~achin-
ryIndusatry or a corporation affliated therewithl) for water, oil and
oter purposes except where standardized anld slipped in finished
c~ondlitions and/or sold from a published price list, and further ex-
cepting pre~ssur~e and sum~p tanks for g~overmngn and control systems
of w\ater power plants when manufactured by a member of the
Water Power Equipment Industry or a corporation affiliated there-
wcithn.
(c) Blast furnaces.
(d) G~as holders.
(e) ElePvate steelc~ tan~ksi andl support~ing towers.
(f) enstocks and pipe line construction and wa-ter pipe either
riveted or welded, lockl bar or seamle~ss either hot clipped vertically
or specially coated, except feeder pipes and intake pipes, not. exceed-
ing thirty-fivpe (35) feet in length,, furnished withl thle turbine as part
of a wa~ter power installation and manufac~tureed by the manufacturer
of such turbine or a corporation affiliated t.herewith.
(g) Steel stacks.
(h) Miscellaneous sheet, plate and kindred wor~k, not provided
for in other Codes, and branches or subdivisions thereof as may from
time to time be included under the provisions of this Code.
2. The term "Alssociation "' as used herein shall meran "L Steel Plate
Fabricators' Association."
3. The term employee as used her~ein shall include any' and all
persons engaged in any phase of the Industry in any capacity how-
ever comllpenalnted1, except a member of thie Industry.
(236)







237


4. The ter~m employer as used herein means any emlployer
engaged in thle Industry.
5. The term A'~lember of the Industry "' as used her~ein includes
any individual, panrtnership,, association, corporation or other person
or for~m of enterprise engaged inl the InldustryS either as an employer
or on his own beha~lf.
6. The term "' Alember of the Code as used herein includes any
member of the Indlustry who shall expressly signify assent to this
Code.
C. The termi apprentice as used herein means a person (usually
a minor) bound byv indenture to serve an employer for a term o
years at a pre-determined wagae for the period of indenture in order
to learn a tradle, art or profession.
8. The t~ermI "Act ", The President ", and "Administrator as
used hiereini shall mean r~espectively Title I of the National Industrial
Recovery Ac~t, the President, of the United States, and the ~Admilnis-
trator for Induistriail Recoveiry
9. L. Poula"ltion "! for the purposes of this Code shall be determined
by reference to the latest Federal Censuis.
ARTICLE III--110URS
1. Factory andc construction emp~loyees, mechanical workers or
artisans or other employees ini the Induistry, except as her~einafter
provided, shazll not be employed in excess of an average of forty
(40) hours per week in any four (4l) weeks period or more than
forty1-eigrht (418) hours or more than six (6) days in any one (1)
week. For the purposes of this Article III the first four ()weeks
period for such employment shall begin April 1st, 1934. Th ve fore-
going limitations as to hours of labor shall not apply to persons in a
managerial, an executive or a supervisory or technical capacity and
their resipect~ive sta-ffs; to commercial traveling salesmen or wntc~h-
mnen, nor to employees engaged in emergency maintenance or repair
work~; nor to very special cases where restrictions of hours of highly
skilled workers on. continuous processes would unavoidably reduce
production. No watchman shall be permitted to work in excess of
fifty-sixu (36) hours in any one week.
2. No employer shall wisork any accounting, clerical, or other office
employees in thle Industry more than forty (40) hours per week
averaged~i over a period of five (5) weeks, nor more than forty-eight
(418) hIourls in any one week, excluding the classes of employees
referredcc to in thle third sentence of paragraph 1 of this ~Article III.
3. No employer shall knowiingly permit any employee to work for
any timne which when totaled with that already performed with
another emnployer, or employers, exceeds the maximum permitted
her~ein.
ARTICLE IV--- IAGE~IS

1. The miiinimum wage that shall be paid by any employer to any
factory, construction or other emp~loyee of this Industry in the labor
operations directly incident thereto shall be not less than forty (40),
cents per hour excep-t that:






238


In thle States of Louisiana, Tennessee, No0rth Carolina, South
Carolina, Georgia, Alabamla, Florida, and MIississippi the minimum
rate for such workrers shall be not less than thirty (3,0) en e
hour and in Texas and Virginia not less than thirt-fie(5 et
per hour.
2. Accounting, clerical and other office emnployees, mentioned in
paragraph 2 of Article III, shall be paidt at not less thian thbe follow-
Inig rates in cities of the sizes listeed below and their immediate trade
arens:
500,000 population and more, not less than $15.00 per weekr.
Between 2,50.000 and 50)0,000 population, not less than 1$14.50 per
wreek.
Between 2,500 and 250,000 populatio-n, not less than $14.00 per

In towns of less than 2,500 popullatio~n, all wagres of such employees
shall be increased by not less than twe~nty (20) per cent provided
that this shall not r~equir~e wages in excess of $12.00 per week.
3. No employees of the classes mentioned in paragraph 2 of Article
IIIZ now receiving comnpensationl at a rate in excess o-f the minimum
provided in paragraph 2 of thi~s Article I[V, nexst above, shall have
their comnpensa~tiojn re~ducedl on necount. of any reduction in the weekly
hours of emp~-loymlentt to conlforml1 withl the r~equir~emntst of paragraph
2 of Article I[II.
4. The p~lrov\itions1~' in paragraphs l and 2 of this Article IV relating
to rates of wagaes shall not apply to apprentices, offce boy7s and girls
or messengers, not exceedling five (5) per cent in number of the
employees' of any emplloyer.
5. Thle minimum wag~e that shall be paid to office boys and girls
andl messerngers,, shall be not. Tess than ei ght (80) per cent of the
minimum salary stipulated in paragraph 2 this Ar~ticle IVT.
6. Whert1e an employee's total earnings, for the pay period, includ-
ing anly earmnglls fromll p)ieCew\T ork, divided by the total number of
hours workl~ed durling ,such period, pr~oduce~s a result under the hourly
wage~t esitabishdc~ by the empnloyer for said~ emplloyee, such earnings
shall be adjusted to equal his established hourly wage, and in no
case shall any employee engaged in piecework receive less thaln the
mlinimllum wage cfs~~nt~iulae in paragraph 1 of A~rtic~le IV.
7. The hlour~ly wage rate or salary~ of all emlployees receiving more
than the minimumll rate or salary hnerein providedc shlall be equitably
adjusted, if such adjustments hav\e not already been made. All such
aldjustmentn s shall be reported to the Code Aulthor~ity.r
8. Any\ system oft contracting shop wor~1k bly wh-lichI an employee
u~nderltak es to do a piece of work at a ,specific price and~ engaes
other employee towr o i sp ibited by\ this Code.
9. No d~ictinction in rates shall be made betw-eenl male andi female
employees wh-ere substa~ntially the3 same class of work1 is per~fo~rmed,
regardless of whether complensation is calculated- oni an hor~urly,
weekly, monthly, or piecew7ork basis.
10. Nothing in this Article I[V, except the limnitations prov\ided~c
in Sec~tionl 4 of this Article, shall apply to or affect anly employee
apprenticed~ to ainy emlployerl by an indlentulre madel~ inl pursu~ance
of the laws of any7 Sttate of th~e Unitedl Staltes, or~ byf written
contract under any appr~cntic y 'teml es~tabllishedl andt maintained






239


by such employer, and copies of any such contracts shall be filed
with the Code Authority.
11. A person whose earning capacity is limited because of age or
physical or mental handicap mnay be em~ployedl on light nonpriodue-
tive work at a wagerc below the minimum established by this Code,
but such wages shall not be less than eighty (80) per cent of the
minimum wrage provided in paragraph 1 of this Article IV.
ARTICLE 'TT-- FIENERAL LA~BOR PROU\'SIONS
1. No employer shall em~plcly any person undrlcl the age of sixt~een
(16) years, or under the agae of eighteen (18) years mn any ocenpantion
hazardous in nature or dangerous to health.
2. Pursuant to subsection (a) of Section 7 of the -ALct the following
provisions are containedl in this Code:
(a) Emlployees shall have the right to organize and bargain col-
lect~ively, through r~epresentatives of their owcPn choosing, and shall
be free fr~om interference, restraint, or coercion of emlployers of
labor, or t~heir agents, in the. designation of such repr~sentatiives or
in self-organizat.ion or in other concerted activities f~or the purpose
of collective bargaining or other mutual aid or pr~otec~tion.
(b) No employee and no one seek~ingr employment shall be re-
quired as a condition of emrployment to join any company union or
to refrain from~ joining, organizing, or assisting~ a labor organization
of his own ch~oo-sing.
(c) Emlployers shall comply with the ulsa imlum hours of labor
minimum rates of pay, and other conditions of emnploymnnt aLpproved
or prescribed by th~e Presiden~lt.
3. No employer shall reclassify employees or duties of oc~cupantio ns
performed or engage in. any other subterfuge for the purpose of
defeating the provisions of the Act or of this Codle.
4. Every emnployer shall provide for the safety and health of
employees dluringr the hours and at the places of their employment.
Standards for safety and health shall be submnitte~d by th~e code
authority to t.hle Administrator within six months after the effective
date of the code.
5. No provisions in this Code shall supersede any State or Federal
law which imposes more stringent requli~rements on, emplloyers as. to
agre of employees, wages, hours of work, or as to safetS, h~ealt-h, sani-
tary or g~elnerl working conditions, or insurunc-e, or fire pro~tec~tion,
than are imposed- by this Code.
6. All emlployers shall post complete copies of this Code in con-
spicuous places necessible to employees.
ARTICLE VOIOCA NIZerTo(N

1. A Codle A-uthor~ity is hereby. constituted to cooperate with the
Administrator in the administration of this Code.
(a) The Codle Author~ity shall consist of seven ('7) members of t~he
Association togaether with one or more, but not more than1 three (3)
non-voting appointees of the Admninistratorr who shall serve wFith~out
expense to thle industry. Mlemnbers of the Association elected to the
Code Authority shall be elected thereto, either prior to and, in






240


contemplation of the approval of' this Code or subsequent to its
approval, by the active members of the Association at a meeting
of suchl mlembers to be called for such purpose, each member of the
Association to have only one vote at such meetings.
To the Code Authlority as so constitutedc and established tht mneml-
bers of thie Inlustr~y who are non-memubers of the Association mlay
thlereafter1, if they so desire, elect either prior to and in conte~mpla-
tion of the approvYa~l of this Code or subsequent to its appr~oval, not
more than two (2) members byr a method of selection approved or
pres`cribed by the Administrator.
(b) Each trade or industrial association d3irc~tly or indirectly
participating in thet selection or activities of the Code Aulthorit~y
shall (1) impose no inequitable restrictions on memlbership, and (2)
submit to the Administrator true copies of its articles of associa-
tio, b-lasregulations, and any amendments wFhen mzade thereto,o
togeher ithsuch other information as to membership, organization,
and activities as the Adm~inistrator may deem necessary to effectuate
the purposes of the Act.
(c) Iln order that the Code Authority shanll at all times be truly
representative of the Industry and in other respects comnply withl the
provisions of the Act, the ~Administrator may provide such hearings
as he may- deem proper and thereafter if he shall find that the C'ode
Authority is not truly representative or does not in other respcts
comply- with the provisions of thne Act, may require an appropriate
modification in the method of selection of th~e Code Authority, or any
sub-Code Authority.
(d) Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
members of the Code Auth~ority be liable in any manner to anyone for
any act of any other member, officer, agent or employee of t~he Code
Authority. Nor shall any member of the Code Aulthor~ity exercisingr
reasonable diligence in the conduct of his duties hereunder, be liable
to anyone for any action or omission to act under the Code, except
for his own willful misfeasance or nonfeasance.
POWERS AND DUTIES

2. The Code Authority- shall have the followsiing powers and duties
in addition. to those provided elsewhere in this Code, to the extent
permitted by thre Act:
(a) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code, in accord-
ance with the p~ower< herein granted, and to submit the same to th~e
Administrator for Lris approval together ~with true copies of any
amlendmellnts or additions when mladie thereto, minutes of meetingsr
whlen held, and such. other information as to its activities as the
Administrator may deem. necetssr~y to effect the purposes of the Act.
(b) To obtain from mlemblers of the Industry for use of the
Code Authority, for thle Atdministrator in the administration and
enforcement of the Code, and for the information. of the President,
reports based on periods of one month or multiples thereof, as soon
as necessary readjustments within the Industry can be made and to
give assistance to members of the Industry in impproving methods,






241


or in prescribing a. uniform system of necounting and reporting.
All individual reports shall be kept confidential as to members of
the Industry and only general summaries ther~eof may be published.
(c) W\ith t~he approval of the Admiinistrator t~o receive complaints
of violations of the Code, makle investigations thereof, provide hear-
ings thereon and adjust such complaints, and bring to the attention
of the Administrator for prosecution, recomnmendantions and informa-
tion relative to unadjustedl violations; but in no event shall the
Codep Aulthorityv instigate prose'-utionl without notice to and a~lpproval
by the Administrator.
(d) To use such tradle associations anld other agencies as it deems
proper for the calrryinga out of anly of its ac~tivitie; provided for
herein and to pay suchi trade associations andi agencies the cost
thereof, provided that nothing herein shanll relieve thle Co~de Au-
thority of its dluties or responsibilities under the C'ode and that such
trade associations and agencies .shall at all t~imies be subject to and
comply with the provisions hereof.
(e) To coordinate the admiiinistratio~n of this Codet with such other
codes, if any, as may be related to th~e Industry, ocr any subdlivisions
thereof, and to delegate to any other admlinistrantive authority, wcith
the approval of thle Adlministra:tor, such power~s as will promote
joint and harmonious action1 upon matters of common interest.
(f) To secure anl equitable and proportionate paymlent of the
expenses of maintaining the Code Aut~horityg and its activities from
members of the Indusry~l~. Thle Codle Authority miay from time to
time make such assessmellnts on account of such expenses against the
members of the Industry as it shall deemn proper and such assess-
ments shall be payable as such C'ode Authority shall specify. The
part of such expenses wh~ich shall be assessedl against each member
of thipent~ Io~ndustry shall be based o~n the proportion which the value
of himetsofthe products olf the Inldustry of such meiber bears
to the total valuie of sh~ipments of the products of the Industry of
aUl members of the Indlustry in the same current accounting period
as determined by the Cod~e Aluthority.
(g) To cooperate w~ith teP Adminisctraltor in reguatiing. n the use
of the N.R.A. Code Insigniar solely by those employers who have
assented to, and ar~e comnply~ing with, this Code.
(h ) To i nit i ate, cons iider andt mlakle recom men dat~ions for the maod-
ification or amnendmient of this C~ode.
(i) In adlditio~n to the information required to be submitted to
the Codle Auth~orit~y as set forth in this Article there shall be fur-
nished to government agencies such statistical information as the
Administrantor may deem necessary for the. purposes recited in ;Sec-
tion 3 (a) of the National Indus~trial Recovery Act.
(j) An appeal from any action by the Code Authority affecting
the rights of any employer or employee in t~he Industry may be
taken to the Administrator.
(k;) If t-he Administrator shall determine that any action of a,
code authority or a~ny agency thiereof may be unfair or unjust or
contrary to the public interest. the Administr~ato r may require that
such action be suspended to afford an opp~ortunityv for investigation
of the merits of such action and fur~ther consideration by such code
authority or agency pending final action which~ shall not be effe~c.






242~


tive unless the Administrator appr~oves or unless he shall fail to
disapprove after thirty dlays' notice to himn of intention to proceed
withl such action in its original or mnodifiedl forml.
ARTICLE V11UN I F~ I I:CTIICE~S
On and after the effective date of this C'ode, the following pranc-
tices are hereby: declared to be unfair mec~cthos of competitionl and
violations o-f this Code:
1. T~o sell any product(s) or serviiejs) below~\F thie seller's cost
of such product (s) or service (s).
The! Code AuthorityV shall as soon as I~reasollnably convenient dleter-
mine a uniform method of' cost acco~untingr to~ be used in estimaltingr
costs for thte purpose of this p~ara3graph (1), ulpon thle approval of
such method by the Administrator.
2. No member of the Industry sh~alll secrectly. o.ffer or makie any
payment or allowance of a, rebate, refundl, coclnunis.sion, cr~edit, un-
earned discount or excess allowance, whlether~l in the form of money
or otherwise, for the purpose of influencing a~ s-lie.
3. For any- member of the Industry, w~hic~h is a sub~sid~iar~y or
branch of a company engaged ini the o~perantion of r~ollingr mills, to
use, in the preparations of its estimate of co-t, a lower basic price
for the steel entering into said cost than. the said rolling mill com-
pany would at the same time quote other mlemlbers of the Industry.
4. Making or causing or knowingly permitting to be malde or
published any false, mater~ially inaccurate, or deeptive statement
by way of advertisement or otherwise, whether concer~ning the grade,
quality, quantity, substance, character, lnatur~e, origin, size, finish,
or preparation of any product of the Industry, or the credit terms,
values, policies, or services of any memlber of the Industryr, or other-
wise having thne tendency or capacity to mnislead or deceive customers
or prospective customers shall be an unfair method of competition.
5. The specific mention of anyr particular unethical or unfair prac-
tice in this Article shall not be construed to prohibit the application
of anly of the general prohibitions of unethical practices included in
this Code.
ARTICLE VIIII--11NOPOLIES

No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppvress, or discriminate
against small enterprises.
ARTICLE IX-AODIFICATION
1. This Code and all the provisions thereof are expressly made
subject to the righ~t of the President, in accordance with the pro-
visions of sub-section (b) of Section 10 of the National Industrial
Recov\ery Act, from time to time to cancel or modify any order, ap-
provall, license, rule, or regulation issued under Title I of said Act
and modify his approval of this Code or any conditions implosed by
him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may be
mod-ified on the basis of experience or changes in circumstances, such






243


modifications to be based upon application to thle A1?dministrator and
such notice and hearings as he shall specify, and to come effective
upon his approval.
ARTIC'LE X-EFFEC"ITVE DATE

This Code shall become: effective on the second Monday after itsa
approval by the President.
AwR'ICLE XI--ExPruaroN DATE

This Code shall cease to be in effect at the expiration of two years
after the date of enactmnent of the Act, or sooner if the President~
shall by proclamat~ion or' t~he Congress shall by joint resolution de-
clare that the emlergency~ recobrnizedl by the ALct has ended.
Approved Code No. 390.
Registry No. 11441-(1-1.




UNIVERSITY OF FLORIDA
IY1 1 Ii iIlIlAiIIj
3 1262 08851 8120





















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